Najib's SRC appeal: Prosecution wraps up submissions

Ad hoc prosecutor Datuk V. Sithambaram ended his submissions at 4 pm before the five-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat.

"We hereby conclude our submissions," said Sithambaram.

Justice Tengku Maimun then fixed Aug 23 to continue the appeal hearing.

At this juncture, Najib's lead counsel Hisyam Teh Poh Teik stood up and said, "I will not make any submissions".

Justice Tengku Maimun: Not even oral?

Hisyam: Not even oral.

Justice Tengku Maimun: Never mind. We will wait...we come on Tuesday (Aug 23) and deal with the matter. You have three days (Saturday, Sunday and Monday). Don't tell us that you are not prepared to submit on any 94 grounds in the petition of appeal. It is alright if you are not ready to file written submission. You can always submit orally.

Hisyam: I'm not making submissions.

Justice Tengku Maimun: It is your liberty. You are counsel on record. We will see on Tuesday.

Before the prosecution wrapped up its submissions, Hisyam asked the court to postpone the hearing to Thursday (Aug 25) as he had other cases on Tuesday and Wednesday.

The top judge once again reiterated that as stated many times, no adjournment on this appeal.

"We will proceed as scheduled," she said sternly.

Today was the second day the panel, which also comprises Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan and Datuk Mohamad Zabidin Mohd heard Najib's final appeal to quash his conviction and sentence.

Yesterday, the court dismissed Hisyam's application to recuse himself from representing Najib and ordered the prosecution to submit.

On July 28, 2020, the then High Court Judge Datuk Mohd Nazlan Mohd Ghazali, who is now a Court of Appeal judge, sentenced Najib to 10 years' jail on each of the three counts of criminal breach of trust (CBT) and each of the three counts of money laundering, and 12 years' jail and a RM210 million fine, in default five years' jail, in the case of abuse of position.

Last year, the Court of Appeal upheld the High Court's decision and dismissed Najib's appeal to set aside his conviction and jail sentence as well as the fine.